Contact Information
Vijzelstraat 68
1017 HL Amsterdam, Netherlands
Phone: +31204220648
Email: info@dew-po-int.com
Terms and Conditions
These Terms and Conditions constitute a binding legal agreement between you and Dewpoint. By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.
These terms establish the rights, responsibilities, and obligations of all parties involved in using our services. Please review them carefully before proceeding.
Effective Date: November 15, 2024
1. Agreement and Acceptance
1.1 Binding Nature
By accessing our website, submitting an inquiry, or engaging our services, you enter into a legally binding agreement with Dewpoint. If you do not agree with any part of these terms, you must immediately cease using our website and services.
1.2 Capacity to Contract
You confirm that you have the legal capacity to enter into binding contracts. If you are accepting these terms on behalf of an organization, you warrant that you have the authority to bind that organization to these terms.
1.3 Age Requirements
Our services are intended for individuals who are at least 18 years old or the age of majority in their jurisdiction, whichever is greater. By using our services, you represent that you meet this age requirement.
2. User Obligations and Conduct
2.1 Legal Compliance
You agree to comply with all applicable laws, regulations, and industry standards when using our services. This includes but is not limited to:
- • International and local laws governing electronic communications
- • Intellectual property laws and copyright regulations
- • Data protection and privacy legislation
- • Consumer protection laws applicable in your jurisdiction
2.2 Prohibited Activities
When using our website and services, you expressly agree not to:
- • Engage in any fraudulent, deceptive, or unlawful activities
- • Violate or infringe upon the rights of others, including privacy and intellectual property rights
- • Transmit harmful code, viruses, or malicious software
- • Attempt to gain unauthorized access to our systems or networks
- • Interfere with or disrupt the operation of our website or services
- • Use automated systems to access or collect data from our website without permission
- • Misrepresent your identity or affiliation with any person or organization
2.3 Content Guidelines
Any content you submit to us must not:
- • Contain false, misleading, or inaccurate information
- • Include offensive, harassing, or discriminatory material
- • Violate the intellectual property rights of third parties
- • Promote illegal activities or violence
2.4 Indemnification
You agree to indemnify, defend, and hold harmless Dewpoint, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your breach of these terms, your use of our services, or your violation of any law or third-party rights.
3. Liability and Warranties
3.1 Disclaimer of Warranties
Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including:
- • Warranties of merchantability and fitness for a particular purpose
- • Warranties regarding accuracy, reliability, or completeness of content
- • Warranties that our services will be uninterrupted or error-free
- • Warranties regarding the results or outcomes of using our services
3.2 Limitation of Liability
To the maximum extent permitted by applicable law, Dewpoint shall not be liable for any:
- • Indirect, incidental, special, consequential, or punitive damages
- • Loss of profits, revenue, data, goodwill, or business opportunities
- • Business interruption or loss of use
- • Damages arising from unauthorized access to or alteration of your transmissions or data
In no event shall our total liability exceed the amount you paid for our services in the twelve months preceding the claim, or €500, whichever is less.
3.3 No Guarantee of Results
We do not guarantee any specific outcomes, player counts, revenue levels, or success metrics for games we develop. The gaming industry involves inherent uncertainties, and results depend on factors beyond our control including market conditions, competition, marketing efforts, and player preferences.
3.4 Third-Party Services
Our website may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, privacy practices, or terms of these third parties. Your interactions with third-party services are solely between you and those third parties.
4. Privacy and Data Protection
4.1 Privacy Commitment
We are committed to protecting your privacy. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. Please review our Privacy Policy to understand our practices.
4.2 Data Security
While we implement reasonable security measures to protect your information, no method of transmission or storage is completely secure. You acknowledge that you provide information at your own risk.
4.3 Confidentiality
You agree to maintain the confidentiality of any proprietary information shared during our business relationship. Specific confidentiality obligations will be detailed in project agreements where applicable.
5. Legal Framework and Dispute Resolution
5.1 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
5.2 Jurisdiction
Any legal action or proceeding arising out of or relating to these Terms and Conditions shall be brought exclusively in the competent courts of Amsterdam, Netherlands. You consent to the personal jurisdiction of such courts and waive any objection to venue.
5.3 Dispute Resolution Process
In the event of a dispute:
- 1. We encourage you to first contact us directly to seek an informal resolution
- 2. If informal resolution is unsuccessful, parties may agree to mediation
- 3. If mediation fails, disputes shall be resolved through binding arbitration or litigation as appropriate
5.4 Severability
If any provision of these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
5.5 Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Dewpoint regarding your use of our services. They supersede all prior or contemporaneous communications and proposals, whether oral or written.
5.6 Waiver
Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Dewpoint.
5.7 Assignment
You may not assign or transfer these Terms and Conditions or any rights granted hereunder without our prior written consent. We may assign these terms without restriction. Any attempted assignment in violation of this provision shall be void.
6. Modifications and Termination
6.1 Terms Modification
We reserve the right to modify these Terms and Conditions at any time. Material changes will be communicated through our website or via email to users who have provided contact information. Your continued use of our services after such modifications constitutes your acceptance of the updated terms.
6.2 Service Termination
We reserve the right to suspend or terminate your access to our services at any time, with or without cause, and with or without notice. This includes the right to refuse service to anyone for any reason. Termination of access does not relieve you of obligations incurred prior to termination.
6.3 Survival
Provisions of these Terms and Conditions that by their nature should survive termination shall survive, including intellectual property rights, warranty disclaimers, indemnification obligations, and limitations of liability.
7. Miscellaneous Provisions
7.1 Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, government actions, or technical failures.
7.2 Notices
All notices required under these Terms and Conditions shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by registered mail to the addresses provided by the parties.
7.3 Language
These Terms and Conditions are drafted in English. Any translations provided are for convenience only. In case of conflict between versions, the English version shall prevail.
7.4 Electronic Communications
By using our services, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
Questions or Concerns
If you have any questions, concerns, or require clarification regarding these Terms and Conditions, please contact us using the information provided at the top of this page. We are committed to addressing your concerns and ensuring you understand these terms.
Last Updated: November 15, 2024